All posts for the month April, 2012

In order to rehabilitate a building or structure that a municipal corporation determines to be a blighted property as defined in section 1.08 [see below] of the Revised Code, a municipal corporation may appropriate, in the manner provided in sections 163.01 to 163.22 of the Revised Code, any such building or structure and the real property of which it is a part. The municipal corporation shall rehabilitate the building or structure or cause it to be rehabilitated within two years after the appropriation, so that the building or structure is no longer a public nuisance, insecure, unsafe, structurally defective, unhealthful, or unsanitary, or a threat to the public health, safety, or welfare, or in violation of a building code or ordinance adopted under section 731.231 of the Revised Code. Any building or structure appropriated pursuant to this section which is not rehabilitated within two years shall be demolished.

If during the rehabilitation process the municipal corporation retains title to the building or structure and the real property of which it is a part, then within one hundred eighty days after the rehabilitation is complete, the municipal corporation shall appraise the rehabilitated building or structure and the real property of which it is a part, and shall sell the building or structure and property at public auction. The municipal corporation shall advertise the public auction in a newspaper of general circulation in the municipal corporation once a week for three consecutive weeks, or as provided in section 7.16 of the Revised Code, prior to the date of sale. The municipal corporation shall sell the building or structure and real property to the highest and best bidder. No property that a municipal corporation acquires pursuant to this section shall be leased.

1.08 Blighted area defined – excluded considerations.

As used in the Revised Code:

(A) “Blighted area” and “slum” mean an area in which at least seventy per cent of the parcels are blighted parcels and those blighted parcels substantially impair or arrest the sound growth of the state or a political subdivision of the state, retard the provision of housing accommodations, constitute an economic or social liability, or are a menace to the public health, safety, morals, or welfare in their present condition and use.

(B) “Blighted parcel” means either of the following:

(1) A parcel that has one or more of the following conditions:

(a) A structure that is dilapidated, unsanitary, unsafe, or vermin infested and that because of its condition has been designated by an agency that is responsible for the enforcement of housing, building, or fire codes as unfit for human habitation or use;

(b) The property poses a direct threat to public health or safety in its present condition by reason of environmentally hazardous conditions, solid waste pollution, or contamination;

(c) Tax or special assessment delinquencies exceeding the fair value of the land that remain unpaid thirty-five days after notice to pay has been mailed.

(2) A parcel that has two or more of the following conditions that, collectively considered, adversely affect surrounding or community property values or entail land use relationships that cannot reasonably be corrected through existing zoning codes or other land use regulations:

(n) Extensive damage or destruction caused by a major disaster when the damage has not been remediated within a reasonable time;

(o) Identified hazards to health and safety that are conducive to ill health, transmission of disease, juvenile delinquency, or crime;

(p) Ownership or multiple ownership of a single parcel when the owner, or a majority of the owners of a parcel in the case of multiple ownership, cannot be located.

(C) When determining whether a property is a blighted parcel or whether an area is a blighted area or slum for the purposes of this section, no person shall consider whether there is a comparatively better use for any premises, property, structure, area, or portion of an area, or whether the property could generate more tax revenues if put to another use.

(D)(1) Notwithstanding any other provision of this section, absent any environmental or public health hazard that cannot be corrected under its current use or ownership, a property is not a blighted parcel because of any condition listed in division (B) of this section if the condition is consistent with conditions that are normally incident to generally accepted agricultural practices and the land is used for agricultural purposes as defined in section 303.01 or 519.01 of the Revised Code, or the county auditor of the county in which the land is located has determined under section 5713.31 of the Revised Code that the land is “land devoted exclusively to agricultural use” as defined in section 5713.30 of the Revised Code.

(2) A property that under division (D)(1) of this section is not a blighted parcel shall not be included in a blighted area or slum.

Bulletin 835-98

A. Introduction

People need to know about local government because it is a critical factor in determining the quality of their lives. Local governments provide police and fire protection, streets and roads, cemeteries, schools, water distribution and sewage disposal, elections, human services, land use protection, systems of water drainage, health services, systems of justice, and numerous other services. Local governments affect peoples’ lives daily.

Local government is arguably the most important of the three levels but interest in it ranks a poor third. Voting in the years when board of education, municipal and township elections are held is significantly lower than in the presidential and gubernatorial election years.

Citizens who are knowledgeable about their governments will get better government services. They need to know which governments provide what services. They need to know the needs, mandates and structures of local governments. Citizens become frustrated when they don’t recognize where to go for specific services and when they don’t understand the constraints imposed upon local governments.

Local elected officials’ jobs are easier and more productive when citizens understand how those governments are structured, operated, and financed. Citizens who understand the consequences of various governmental actions or inactions will be more supportive when needs are properly articulated.

Perhaps Thomas Jefferson gave the best reason why people should know about government when he said, “I know of no safe depository of the ultimate powers of society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education.”

The Chamber of Commerce is sponsoring a “Cleanup Day” on May 12, 2012. If you would like to volunteer call the Chamber office at 419-399-5215.

Residents can also help by assessing their property. Go outside, look at your property, make a list of what you can do to improve the looks of your property. Trim trees, bushes, pickup trash that has accumulated over the winter, maybe a little paint here and there, Make a gardening plan; flower beds and other landscaping should be planted away from the house so you can enjoy them from inside of your house. Commercial property owners, including residential rentals, whether it be the tenant or landlord, should also evaluate the appearance of their buildings, wash windows, and make plans for further improvements this summer, paint and repairs, maybe opening up those windows that were boarded up or made smaller years ago and replacing with energy efficient insulated windows, maybe renovate that unused second story space for offices or residential loft, there are nice views of the maintained courthouse square, this would greatly improve the looks of the downtown. Let us not forget, a perspective customer’s impression of the appearance of your building from the outside is how they perceive how clean, attractive and well managed the inside of your business is. If everyone does their part we can improve the looks of our town. This is a necessary first step in building pride in our community and will attract visitors and businesses. Let’s work to make a good impression for visitors to John Paulding Days, Fair, and Flat Rock Festival – these attract visitors from outside the area and this is an opportunity to promote our town.

GET INVOLVED IN YOUR COMMUNITY!! YOU WILL FEEL GREAT!!! YOU WILL HAVE A SENSE OF PRIDE, ACCOMPLISHMENT, AND HAVE THE KNOWLEDGE YOU ARE CONTRIBUTING TO THE SUCCESS OF YOUR COMMUNITY – IMPROVING THE QUALITY OF LIFE IN THE COMMUNITY,MAKING IT A VIBRANT AND SUSTAINABLE PLACE TO LIVE, RAISE A FAMILY, AND CREATING THE ENVIRONMENT TO ATTRACT BUSINESSES THAT CREATE JOBS AND OFFER THE COMMUNITY SHOPPING CHOICES.

Junk cars abandoned or stored on private property can constitute both a public and private nuisance. They, amongst other sources of potential injuries, are a source of potential injury to children and others who may deem them to be an attractive nuisance; they are often times replete with broken glass, sharp or torn metal edges and points, gasoline fumes, gasoline remaining in tanks of a highly explosive and combustible nature and hurtful acid in batteries.

Junk cars constitute blight on a village’s landscape; they destroy the aesthetic qualities of the village and they are generally otherwise unsightly. Their existence tends to depreciate not only the property of other persons in the neighborhood but the village generally. They constitute in the village a less safe and less pleasant place in which to live and to do business.

The control of the storage of junked motor vehicles outdoors on privately owned property, as well as abandoned vehicles on privately owned property, is therefore, a necessity for the preservation, safety and welfare of the community.

This is an editorial published in the Paulding County Progress on Wednesday, April 18:

It’s time to clean up the brick pile

It has been over 90 days since a fire took down the Hotel Barnes. I have watched as the owners of the buildings and businesses around the hotel have worked to restore their lives. They have put in new windows, worked on the roofs and now a beautiful new facing has been installed on the back of the Zumba building. Around the square, I have seen similar work taking place. It’s nice to see people taking pride in the community.

During this repair phase, I have watched as workers tried to maneuver around the pile of rubble left from the hotel. I have waited patiently for three months to see what would be done to clean up this unsightly mess. My patience is running thin. I have seen similar situations in other towns be resolved in a very short period of time. I would appreciate it if someone from the Village of Paulding could explain to the residents of Paulding why this hasn’t been cleaned up and what is your timeline for getting it done. The public is asking questions. The Paulding Chamber has been approached by business people saying they want the rubble cleaned up NOW.

The idea that you are worried about being sued is nonsense. Enforce your ordinances! This is a health and safety issue. It’s a haven for rats. Your fence is not keeping out anyone and is itself an eyesore. The village needs to take the lead in getting this mess cleaned up instead of watching and hoping for it to go away. Please take a leadership role and take pride in this town as others are trying to do. It is your job.

– Doug Nutter, Publisher

It should be noted that it’s been 94 days (and counting) since the fire occurred on Jan. 15.

As with any legal document changes are adopted and the infomation in this document should be verified with the Village Office as being current. I believe there is a amendment to this ordinace as to the monetary penalties.

ORDINANCE NO. 841-82 (Note Section III Amended to 3 Days.) AN ORDINANCE PROHIBITING THE DEPOSIT, STORAGE, MAINTENANCE, OR COLLECTION OF JUNK OR JUNK MOTOR VEHICLES ON ANY PREMISS, VILLAGE STREETS, ALLEY RIGHT-OF-WAY. OR OTHERWISE WITHIN THE VILLAGE OF PAULDING, OHIO, EXCEPT AS OTHERWISE PROVIDED. WHEREAS, the Council of the Village of Paulding deems it necessary and appropriate to prohibit the deposit, storage, maintenance, or collection of unlicensed, inoperable vehicles and equipment, and junk or junk motor vehicles within the Village of Paulding in order to protect and promote the general health and welfare of the residents of the Village; now, therefore, I. DEFINITIONS: That for the purposes of this ordinance, the terms “junk”, “junk motor vehicles”, “owner”, “unlicensed, inoperable vehicles and equipment”, and “notice” as used herein are defined as follows: A. JUNK – Junk is any old or scrap copper, brass, rope, rags, trash, waste, batteries, paper, rubber, junked, dismantled, or wrecked automobiles or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous materials. B. JUNK MOTOR VEHICLE – Junk motor vehicle means any motor vehicle which is in a wrecked or worn-out condition and unfit for operation as a motor vehicle, except a collector’s vehicle an defined in Ohio Revised Code Section 4501.01 with current Ohio license plates, or a historical vehicle as defined in Ohio Revised Code Section 450l.01 with current Ohio license plates. C. OWNER – Owner means the person, firm, or corporation in whose name said premises are listed in the deed records in the Paulding County, Ohio Recorder’s Office. D. UNLICENSED, INOPERABLE VEHICLES and EQUIPMENT – Inoperable vehicles and equipment means and includes any motor vehicle, apparatus or equipment which is not in operating condition or which has no value except for salvage or junk purposes, or which has not been issued a license with a distinctive number and registration mark valid for the current year. Storing, parking or otherwise keeping means storing, parking, standing or otherwise keeping one or more vehicles, equipment or other objects in any place other than in an enclosed garage or accessory building for a period in excess of two weeks. E. NOTICE – The notice hereinafter provided for shall be a letter, in a form approved by Council, stating the manner in which this ordinance. is being violated, the description and/or location of the premises, the name of the owner(s) and tenants (if any) of said premises and the period of time within which said premises shall be cleared from the violation of this ordinance. Such letter shall be signed by the mayor of the Village of Paulding, Ohio. II. PROHIBITION: No person, firm, or corporation shall deposit, store, maintain collect, or permit the storage, deposit, maintenance, or collection of any junk or junk cars, or unlicensed, inoperable vehicles and equipment on his own premises or any premises in, or they own or use under his or their control, or in any other place within the municipality, village street, alley right-of-way, or otherwise, except as expressly provided by law. III. ENFORCEMENT: Any person, firm, or corporation violating the provisions of this ordinance shall, within ten (10) days after notification or said violation by the Mayor of he Village of Paulding, Ohio, remove or cause to be removed any junk or junk cars or have the same placed in an enclosed garage or accessory building, and in the event of failure to do so, he or they shall be deemed guilty of violating the provision of the ordinance. IV. PENALTIES: Whoever violates any provision of this ordinance shall be fined not less than $25.00 (twenty-five dollars) nor more than $100.00 (one hundred dollars) for such subsequent offense. Any such violation shall constitute a separate offense on each successive day continued. This Ordinance shall take effect and be in force from and after the earliest period allowed by law. Dated: 20 Sept. 1982 ATTEST: Rosalee Armstrong, Clerk Leslie Weidenhamer, Mayor Note: In 1989, Paulding Council amended the ordinance to reduce the number of days to be in compliance from 10 days to three days: Ordinance No. 1001-89 AN ORDINANCE AMENDING SECTION III OF ORDINANCE 841-82 PROHIBITING THE DEPOSIT, STORAGE, MAINTENANCE, OR COLLECTION OF JUNK OR JUNK MOTOR VEHICLES ON ANY PREMISES, VILLAGE STREETS, ALLEY RIGHT-OF-WAYS, OR OTHERWISE WITHIN THE VILLAGE OF PAULDING, OHIO, EXCEPT AS OTHERWISE PROVIDED. WHEREAS, the Council of the Village of Paulding has deemed it necessary and appropriate to amend Section III of Ordinance 841-82 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF PAULDING THAT; Section 1. Section III of Ordinance 841-82 is hereby amended to read as follows: III. ENFORCEMENT: Any person, firm, or corporation violating the provision of this ordinance shall, within three (3) days after notification of said violation by the Mayor of the Village of Paulding, Ohio, remove or cause to be removed any junk or junk cars or have the same placed in an enclosed garage or accessory building, and in the event of failure to do so, he or they shall be deemed in violation of the provision of this Ordinance. Section 2. That Section III of Ordinance 841-82 is hereby repealed. Section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. DATED: Nov. 20, 1989 Current at time posted. Confirm this ordinance is current with the Village before relying on it to take any actions.

“With the growth of Paulding apparently just in its beginning stages, it is extremely important at this time that the village council should consider, as it is now doing, the two matters of zoning and certain restrictions on buildings. This is the time to put both measures into effect before there are unsightly, hazardous, incongruous or objectionable buildings erected where they shouldn’t be.

“A zoning ordinance is a ‘must’ since it will limit the areas in which other than residences may be constructed. Thus, a valuable house and lot will not suddenly be depreciated by the erection next door of a junk yard, abatoir [slaughterhouse] or other buildings not in harmony with a residential area. Also the commercial buildings will be restricted to areas so that they are grouped for convenient shopping. Industries probably will be permitted only at the outskirts of the village.

“Zoning is highly desirable, and a protection of present real estate values as well as those of new subdivisions that may be created in the future.

“A building code usually prescribes certain minimum requirements in respect to plumbing, electrical wiring, choice of substantial building materials and other matters which protect the community from the erection of ‘shacks’ which are intended for human habitation but actually can be a menace and hazard in respect to fires, sanitation and health.”

The above paragraphs are from an editorial published in the Paulding Progress … in 1952. At that time, the village was beginning to address the issue of zoning and building codes. Sixty years later, and we still have no residential building codes. The zoning ordinance now needs to be reviewed and amended for today’s needs.

The actual implementation of any plan is tempered by the availability of funds to pay for services or construction. However, tentative schedules should be designed so that clear goals are established and accepted and that a process can be started to acquire the desired funding, i.e. submittal of grant applications, inclusion in a capital improvements budget, etc.

The following schedule identifies steps which could be taken in the next one to two years to begin improvements recommended in “The Paulding Plan.”

Note: The Paulding Plan report outlined steps to accomplish each of the following:

A. Submit a Downtown Revitalization Grant Application to the Ohio Department of Development.

B. Submit a request to the County for CDBG Formula Funds

C. Begin preparation of design standards for Paulding

D. Construction of streetscaping improvements

E. Facade Improvements.

F. Parking Lot Improvements.

There are obviously numerous other issues which need to be addressed and scheduled. However, these six are crucial to beginning the revitalization process in downtown Paulding.

This was the conclusion of The Paulding Plan report. Please post your comments or suggestions below.

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Meetings are open to the public
• Paulding County Commissioners in session 8am-4pm or until end of business on Mondays and Wednesdays, Room B-1, courthouse
• Paulding Village Council meetings 6:30pm on the first and third Mondays of each month, in council chambers